disorder. The section also provides that a person who opposes or fails to comply with a
prohibition notice or any directions or conditions, under which a gathering is authorized, shall
be guilty of an offence and liable to a fine not exceeding level 14 and/or to imprisonment for a
period not exceeding one year. However, the abovementioned sections (23, 24 and 26) do not
apply to gatherings of a class described in the Schedule (section 26A), which includes public
gatherings of members of professional, vocational or occupational bodies held for purposes
which are not political (paragraph (c)); held by any club, association or organization which is
not of a political nature and at which the discussions and matters dealt with are not of a
political nature (paragraph (i)); held by a registered trade union for bona fide trade union
purposes for the conduct of business in accordance with the Labour Relations Act (paragraph
(j)); or held to form any club, association or organization which is not of a political nature
(paragraph (k)).
134. Section 27 provides for a temporary prohibition on holding processions and public
demonstrations within particular police districts so as to prevent public disorder. To that end, a
regulating authority can issue an order for a period not exceeding one month. The Minister of
Home Affairs 89 may, on appeal, confirm, vary or set aside the order or give any other order in
the matter as s/he thinks just. Any person who organizes, assists in organizing, takes part in, or
attends any procession or public demonstration held in contravention of an order under this
section shall be guilty of an offence and liable to a fine not exceeding level six and/or to
imprisonment for a period not exceeding one year. Section 27A provides for a prohibition of
all gatherings within a radius of between 20 and 100 metres of Parliament, courts and
protected places (with the exception of gatherings of persons who are employed at
institutions), unless special permission has been granted.
135. Any prohibition notice, directions or conditions imposed pursuant to section 26, as well as an
order issued in terms of section 27, may be appealed to the Magistrates’ Court, although such
an appeal will not have the effect of suspending any prohibition order appealed against
(section 27B), unless and until the court so orders.
136. Section 29 determines the powers of the police during the course of a gathering. It specifies in
subsection 4 that the degree of force which may be used shall not be greater than is necessary
for dispersing the persons gathered and shall be proportionate to the circumstances of the case
and the object to be attained.
137. Other sections of the POSA include provisions prohibiting the carrying of offensive weapons,
including stones, at public gatherings (section 30, equivalent to section 43 of the Criminal Law
Act), and providing for a penalty of a maximum fine of level ten and/or imprisonment for a
period not exceeding five years; disrupting public gatherings (section 31, similar to section 44
of the Criminal Law Act, but whereas the POSA punishes this offence with a fine not
exceeding level seven and/or a maximum of two years’ imprisonment, the Criminal Law Act
refers to a fine of level five and/or imprisonment for a period not exceeding six months); etc.
Workplace relations
138. Under the Labour Act, the interests of workers in respect of their employment are represented
and advanced by trade union organizations and their federations and/or, at the level of their
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Or any other minister to whom the President assigns the administration of the POSA.
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